Legal Opinion · Dissent

Christopher N. Link, P.A. v. Anu Rut and Tomasz Rut

District Court of Appeal of Florida

Decided May 20, 2015No. 4D12-4320Published

1DissentWarner, J.

I would reverse based upon Rebecca J. Covey, P.A. v. American Import Car Sales, 944 So.2d 1202, 1206 (Fla. 4th DCA 2006), where we held that an attorney’s charging lien takes priority over a subsequent judgment lien for prevailing party attorney’s fees. In Covey, the judgment creditor was the bank which loaned money for the purchase of a car. The purchaser later filed suit based upon various theories of fraud and unfair and deceptive trade practices, claiming the vehicle was defective. She joined the bank, which later counterclaimed, suing for a deficiency after the sale of the vehicle. It…

2Cases cited2 opinions

  1. Lashkajani v. LashkajaniSupreme Court of Florida · 2005
  2. Rebecca J. Covey, Pa v. Am. Import CarDistrict Court of Appeal of Florida · 2006

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